NDFan:
It has been 45 years since that decision but I assumed everyone was familiar with it. I prior decision held that separate but equal schools were equal. In Brown Vs The Board the Supreme Court held that separate but equal was inherently unequal. They turned education upside down, especially in the south. They were reflecting the mindset of most of the people in this country.
Just last week they held that the Death Penalty for non lethal crimes was cruel and unusual contrary to our Bill of Rights. If they can do that they can hold that the Death Penalty itself is cruel and unusual punishment. If they do, who are you going to appeal to.
Tom